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Surinder Singh Eea4 Application -Advice Needed

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Posted 17 December 2012 - 05:43 AM

I cam to the UK in 2005 as a spouse of a British national who was excersing treaty right in France . I was issued with 1year entry clearance in 2004 and when I arrived UK I applied and I was given 2 year eea family residence visa and in 2007 , I applied again and was given 5 years.
I am now separated from my wife and we have 4 children together which I have contact order for issued by a UK court for visitation rights. Iam paying children maintenance in regard of the children through child support agency.
Please was is my chance for a successful application for permanent residence.
I have been working here in UK for the past 7 years and have been married for over 3 years before we separated and have lived in UK for more than one year now.
I have not commence divorce proceeding since my visa expire next month.

#2 Victoria


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Posted 17 December 2012 - 07:55 PM

You are probably already a permanent resident.

#3 Mutly


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Posted 22 December 2012 - 02:18 PM

Did your British spouse exercise treaty rights for a full five years? It doesn't matter which five years period, ie. whether 2005 - 2010 or 2007 - 2012 etc.

If so, and you have the relevant documents, a permanent residence application will succeed.

If not, it can succeed anyway based on caselaw which to my knowledge the HO now applies, stating that your right of residence is actually only conditional on your spouse having exercised treaty rights in France and you both then living in the UK for five years. In this case though consulting an advisor would be worthwhile.

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